SUPREME COURT

Dominion, Volume 11, Issue 51, 23 November 1917, Page 8

SUPREME COURT

IN DIVORCE

THE WYLIE CASE SETTLED

His Honour llio Chief Justice (Sir Kobert Stout) and a jury of twelve were to have heard yesterday further evidence upon the petition and the counter-petition in divorce made by Sarah Ann Wvlie and John AVylio respectively. When the ease was called on, however, it was announced that a settlement had been arrived at.. Mrs. Wylie was claiming a. jndicial separation from her husband on the ground of cruelty, while the husband alleged that she had been guilty of adultery, and claimed £000 damages from the co-respondent, Archibald Auld Ferguson. Mr. Percy Jackson appeared for Mrs. Wylie, Mr. T. Ncave for Wylio, and Mr. H. ¥. O'Lcary for Ferguson. Mr. Neave said yesterday that the petitioner and tho respondent had agreed to enter into a private separation, so that the proceedings might be discontinued.' Mr. O'Leary, en behalf of Ft-rguson, submitted that there was no case to go to the jury. There were no suspicious circumstances to suggest familiarity between Ferguson and Mrs. Wylio. Mr. Jackson made a similar submission on behalf of his client. His Honour -aid that he would have considered himself botiml to withdraw the case. He dismissed tho petition of Wylio and the claim for damages against Ferguson. . The question of costs wa.s reserved. AX INTERESTING CASE. Ellen Alford (Mr. C. W. Tringham) sought a- divorce from her husband. Ernest George Alford, on tho ground that tho latter deserted her. The petitioner said thai she married the respondent in Invercargill in 1904. She discovered later on that Alford was already married, and that she was therefore not legally his wife. Within a. few years the real wife died, and the petitioner married tho respondent again. Five years ago he left _ His Honour granted a decree nisi.

A MOTOR ACCIDENT

OIAIM FOR DAMAGES.

His Honour and a jurv of twelve, heard a claim by Alexandra. Robertson, of Levin, for £501 damages from the Crown for injuries she had received in a motor collision. Mr. P. S. K. Macasser appeared for the Crown, and Mr. P. J. O'Began for the plaintiff. ■ Tlie plaintiff alleged that on March 7 she and her husband, John Robertson, were travelling on a motor-cycle and side-car from Levin towards Wellington. While rounding a corner m passing through the Ngaliauranga Gorge the motor-cycle met ?. motor lorry belonging to the Post and Telegraph Department, and collided with it. The plaintiff ■ was thrown out of the side-car and sustained injuries which resulted'in permanent disfigurement. The accident, she alleged, was due to negligence on the part of the driver of the motor lorry. Ths defence was that the accident was due to the motor-cycle travelling too fast, and to the hushand of the plaintiff not having proper control of it, and beeping to the wrong side of the road. The hearing was r.ot concluded.